Last modified: January 1, 2018
Terms of Service
Welcome to Crunched, a small business accounting solution delivered through various online web and mobile technologies. Crunched has been developed for business use and to advance the accounting and financial capabilities of business owners. We
strive to deliver smart accounting for all business owners.
You agree that your access to Crunched.io and any of its contents (together, the “Website”) and use of its accounting solutions and the applications and software relating thereto (collectively, the “Services”) will be subject to these terms of service, as the same may be updated or amended (“Terms”). These Terms will further detail our commitment as a company and service provider and your obligation as a user.
These Terms may be updated at any time as the service evolves and new features are introduced. Crunched reserves the right to make changes and updates to the Terms and will make every effort to notify user of any changes. Upon the date in which the Terms change, you will be deemed to agree to the changes and your use of the Website and the Services will be subject to the updated Terms.
Furthermore, by registering and accepting these Terms of Service by checking the box, “I have read and accepted the terms of service”, you acknowledge and understand the agreement between Crunched, Inc. (sometimes referred to as “Crunched”, “our” or “we” as the context requires) and you, (sometimes referred to as “you”, “your” or “user” as the context requires”), pertaining to the use of the Website and Services and agree to be subject to these Terms.
In consideration of your use of the Services you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of your jurisdiction. You further represent and warrant that where you have registered to use the Services on behalf of another person, you have authority to agree to these Terms on behalf of that person and agree that by registering to use the Services you bind the person on whose behalf you act to the performance of any and all obligations that you become subject to by virtue of these Terms, without limiting your own personal obligations hereunder.
If you do not agree to the Terms please do not use or access the Services or Website.
2. Your Use of Crunched Software-as-a-Service
Your use of the Services will require user credentials created by entering information such as your name, address, billing information, and business information. You confirm that all such provided information will be truthful and accurate. You will
also notify Crunched of any changes to this information and make changes to your user profile as applicable.
By providing this information and creating your subscription based user credentials, you have created a non-exclusive, non-transferable right that is limited by and subject to the Terms. You agree that you are solely responsible for your usage and material provided to Crunched.
You agree that you will access the Website and the Services through the interface made available by Crunched. You will not attempt to access the interfaces through scripts, crawlers or other similar means. You will not utilize Crunched to host, store or send unsolicited messages. You will not use Crunched to transmit harmful content such as viruses or other malicious content.
If Crunched discovers that any material violates these Terms, other laws, regulations or policies, you agree that Crunched may remove your information from your account or delete your account at its sole discretion.
If you provide accountant or bookkeeper access to your Crunched business account, you agree and acknowledge that your accountant or bookkeeper will have access to all of your data and financial information entered into the Crunched application. They will also have access to third party applications that have been integrated with Crunched.
You are responsible for disabling or withdrawing access to accountants and bookkeepers at any time through your account. You remain responsible at all times for all users and persons authorized to access your account and for any breach of these Terms by such persons.
Trial Version: A user may begin with a trial version for a certain amount of time granted by Crunched. The version is provided as is, at your own risk, and carries no warranties. Crunched reserves the right to remove all user data within a certain period of time following the end of the trial version unless the user transitions to a subscription account.
3. Your Obligations
As a user you will use the Website and the Services for your own law abiding business purposes. You agree that if you are authorized to provide services on behalf of another party, then they too will comply with and accept the Terms.
As a user you will keep secure and confidential all usernames and passwords. You will notify Crunched of unauthorized usage of or access to your account and you will take all reasonable efforts to promptly retrieve and change your login credentials.
As a user you assume full responsibility for the content of all data entered, reports generated, invoices sent and payments received. You will not rely on Crunched for any advice or guidance on the preparation, review, or storage of any documents, tax compliance, or any other financial or legal matters. You will monitor and review calculations performed by Crunched.
As a user you will not attempt to undermine the integrity or security of the Website or the Services. This includes our computing systems, networks and third party systems. You will not attempt to input or upload any harmful materials that may cause damage to Crunched systems, the Website or the Services. This includes offensive or illegal material.
As a user you will not attempt to copy, reproduce, disassemble, or reverse engineer any computer programs used to deliver the Website or the Services. You will also not access the Website or the Services to build and deliver a competitive service or product, or to copy any feature or functions.
As a user you will not attempt to sell, resell, rent, or lease the service unless authorized through the Crunched Partner Program.
As a user you authorize Crunched to send you information regarding the Services (including any new services), program updates, marketing and promotional material, and other forms of information.
As a user, any feedback, suggestions or ideas that are conveyed to Crunched may be used freely. You hereby grant Crunched a perpetual, fully transferable, non-revocable, royalty free license to use, reproduce, distribute, and display for any purposes any information you may provide to Crunched under this paragraph.
4. Payment Terms
As a user, your Crunched account is a license subscription which allows Crunched to collect subscription fees based on the frequency as selected from the signup process. As a user you must supply a credit card upon signup of a paid subscription. Crunched
does not store credit card information and the processing is handled by our third party provider.
Crunched will automatically generate an invoice each subscription period and charge the payment method on file at the beginning of the subscription period. In the event the payment method is declined, user must make new payment arrangements within 7 days from the invoice date.
Each Crunched paid user account is charged based on the subscription parameters. These parameters include numbers of user roles (administrators, managers, accountants, bookkeepers, employees, customers) and an allotted amount of storage space. Additional fees may apply for additional user roles or storage space.
Crunched may increase the rates at any time on any subscription tiers with not less than 30 days prior notice.
In the event discount pricing is applied to your account, Crunched reserves the right to remove the discounted pricing upon termination or suspension of any previous relationships and process full priced invoices.
The user is responsible for any applicable taxes or other fees.
5. Confidentiality & Privacy
protecting your personal information and privacy.
Crunched utilizes commercially reasonable levels of industry standards to protect your information. It is your responsibility to notify others that their personal information may be entered into the system and stored by Crunched.
You and we will maintain the confidentiality of all confidential information and will not disclose any information without the written prior consent by the other party. The parties’ obligations of this paragraph will survive the termination of these Terms.
Crunched reserves the right to monitor monthly transaction volumes and calls you are allowed to make against the Crunched applications programming interface. In the event you exceed the allocated monthly call amount, you will be notified of updated subscription
Crunched may monitor monthly usage for reporting purposes and defines usage data as frequencies, types, and manners in which the Services are activated.
7. Support & Help Center
The Crunched support staff and help center is there to provide you with superior assistance in performing tasks with the supported web browser environments. Crunched provides all Customer support activities within the support environments described at
(http://get.crunched.help/hc/en-us). Crunched disclaims any responsibility to provide support except as stated at (http://get.crunched.help/hc/en-us).
Crunched strives for 24-7 system access. However, it is possible that we may experience outages due to unforeseen technical problems. We will take commercially reasonable efforts to maintain the highest levels of uptime. For current system status, please visit status.crunched.io
In the event you are still experiencing technical difficulties, please contact us at email@example.com
Crunched maintains commercially reasonable copies of data to prevent data loss. However, you must maintain backup copies of data entered into the Crunched system. Crunched does not guarantee there will be no losses of user data. Crunched disclaims all liability for any cause of lost data regardless of the reason.
Termination of a user and its data occurs when a paid user suspends their subscription by accessing the settings page under their accounts navigation panel. The termination will go into effect at the immediate end of the paid subscription term.
Crunched reserves the right to terminate your account at any time if your subscription remains unpaid for seven (7) days, if the law requires us to, if you have breached the Terms, if your trial subscription ends without becoming a paid subscription user or if Crunched suspends its services. Users will be responsible for extracting their user data within 30 days once the subscription period ends and the termination period begins. Please provide written notification within the 30 day period for request of data retrieval extension. Requests may be sent to firstname.lastname@example.org
Following the 30 day data retrieval period, users will no longer be able to access their account or its data.
You agree that Crunched will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or access to the Website.
You agree to defend, indemnify and hold harmless to the maximum extent permitted by law, Crunched, its affiliates, officers, directors, shareholders, employees, consultants, agents, suppliers, contractors, successors, and assigns from any claims, losses, expenses, costs or damages of any kind (whether or not involving a third party), including reasonable legal fees, arising from or in any way related to your use (or the use by your officers, employees, agents, accountants, bookkeepers, consultants, advisors, authorized users, and the like) of the Services or the Website, your data or content, or your breach of these Terms or any obligation you may have to Crunched.
10. Intellectual Property
You retain ownership of your data. The information you enter into the system, both personal and financial, remains yours. Crunched maintains your license to access the Services. You grant Crunched the right to use your data so you may access the services
provided by Crunched.
The Website, trademarks, materials, product designs and workflow processes provided by Crunched are the property of Crunched and are protected by copyright, trademark and other intellectual property and proprietary rights and laws.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL CRUNCHED OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, SUPPLIERS, CONTRACTORS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU UNDER ANY LEGAL MANNER, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, FOR ANY LOSSES OR DAMAGES THAT OCCUR THROUGH THE USE OF THE CRUNCHED APPLICATION, WEBSITE, OR THE SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR OTHER ECONOMIC LOSS, OR FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THE USE OF THE WEBSITE OR THE SERVICES, THE RELIANCE ON ANY STATEMENT OR ADVICE FROM ANY OTHER USER OF THE WEBSITE OR THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR THE SERVICES OR ANY PART THEREOF OR TO ANY DOCUMENTS AND INFORMATION, OR OUT OF ANY BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED.
IF YOU SUFFER LOSS OR DAMAGE AS A RESULT OF THE SOLE NEGLIGENCE OF CRUNCHED OR ITS FAILURE TO COMPLY WITH THESE TERMS, YOU AGREE THAT ANY CLAIM BY YOU AGAINST CRUNCHED ARISING FROM SUCH NEGLIGENCE OR FAILURE WILL BE LIMITED IN RESPECT OF ANY ONE INCIDENT, OR SERIES OF CONNECTED INCIDENTS, TO THE SUBSCRIPTION FEES PAID BY YOU IN THE PREVIOUS 12 MONTHS.
12. Warranties & Acknowledgment
CRUNCHED AND ITS EMPLOYEES, AGENTS, AFFILIATES, PARTNERS AND SUPPLIERS PROVIDE ALL CONTENT AND SERVICES AVAILABLE THROUGH THE WEBSITE AND THE SERVICES AND ANY OF ITS AFFILIATES WEBSITES “AS IS”, WITHOUT WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CRUNCHED MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE WEBSITE, THE SERVICES, OR OF ANY CONTENT THEREOF. THE WEBSITE AND THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS AND AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THE TERMS, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES REGARDING THE WEBSITE AND THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY CRUNCHED.
13. Other Items
1. No Partnership. Your use of the Website or the Services and acceptance of the Terms does not create a partnership or joint venture between you and Crunched.
2. Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Subheadings used in the Terms are not to be used to construe or interpret the Terms.
3. Entire Agreement. The Terms or other terms herein incorporated by reference, constitute the entire agreement between you and Crunched and govern your use of the Website and the Services, superseding any prior agreement, whether oral or written. You shall be subject to additional terms and conditions that may apply when you use or purchase certain services, affiliate services, third-party content or third-party software.
4. Waiver. The failure of Crunched to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
5. Non-Transferable. The Terms are not transferable by you in any way and may not be assigned to any third party without our written consent except as part of a merger or sale of substantially all of your assets. Crunched may transfer this agreement to a third party without notice to you, including, but not limited to, on account of a business sale, merger, or acquisition of Crunched or substantially all of its assets.
6. No Third Party Rights. No provision of these Terms provides any person or entity not a party to the Terms with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
7. Survival. Any terms that by their nature survive termination of this agreement for a party to assert its rights and receive the protection of this agreement, will survive.
8. Forum Choice. The Terms and the relationship between you and Crunched shall be governed and construed by the laws of the State of Connecticut and the applicable laws of the United States, without regard to its conflict of laws provisions. You hereby consent and submit to the personal and exclusive jurisdiction of the courts of the State of Connecticut in any action or dispute related to the Terms. The UN Convention on Contracts for the International Sale of Goods does not apply.
Last modified: January 1, 2018
At Crunched, Inc. (“Crunched”, “we”, “our” or “us”), we value our relationship with you and place the highest importance on respecting and protecting your privacy. We want you to feel comfortable and confident when using our products and services
and with entrusting your personal, company and financial information to us.
2. Information We Collect
When you register and create your account, we will collect information such as name, address, phone number, e-mail address, billing information and business information. Some of our products require you to register. We may also ask you to answer some
optional questions about yourself and how you use the product. We may obtain additional information about you, such as address change information, from commercially available sources, in order to keep our records current.
You may be asked to supply a username/password and a cell phone or email address for dual authentication. We use this method to allow you access to your services.
To provide you with services that connect with your financial institution, we must access your online account with that institution. We request the user name, password and any other login information that you have set up with your financial institution to enable access. We use your login credentials to routinely update and maintain the financial information you download, and to address errors or service interruptions in the download process. If we store your login credentials, we will maintain and encrypt them on our firewall-protected servers. Some financial institutions require you to manually update your financial information and re-enter your login information before downloading each transaction. Your transaction information is encrypted and transmitted using secure socket layer technology, making it unreadable during transmission. It is then stored on our secure servers.
We may also collect other information while you use our services, including, but not limited to, your financial data, your customer and vendor information, and your bank transactions. We may also aggregate and use information we have collected from you that will in no way identify you or any other individual.
When you use our service, we collect information such as your IP address, browser type and version, and pages you view. We also keep track of how you get to our sites and any links you click on to leave our sites. We do not track URLs that you type into your browser, nor do we track you across the Internet once you leave our sites. We use your Web site activity to assist you by reducing the need to re-enter your data and to help us resolve technical support issues. We may also use this information to offer you a personalized Web experience, and to tailor our offerings to you.
Our services may access and set cookies, which are small files of information stored on your computer by a web server. Cookies help us recognize when you return to a Web site, to confirm that you are logged in, or to maintain a Web session. To help us collect site usage data, we use service providers to place Web beacons on specific Web pages and send usage information about that page. Web beacons, also known as single-pixel GIFs, are invisible graphical images. When we send you e-mails, we may include a web beacon to determine the number of people who open our e-mails. When you click on a link in an e-mail, we record this individual response to allow us to customize our offerings to you. These Web beacons provide useful information regarding our site which allows us to improve our products and services. Personally identifiable information is not sent to us or our service providers through the use of these cookies or web beacons and all web navigation data is used only in the aggregate to improve our product and site performance.
When using our mobile applications and services, we may collect personal information from you such as your phone number, mobile device type, and carrier. We use this information in order to set up and manage your account as well as contact you about your services. If you use location-enabled products and services, you may be sending us location information. This information may or may not reveal your actual location. We only use this information to provide you the service you request. If you give us permission, we may also use your information to contact you about special offerings that may interest you.
If you sign up for a mobile message service, you will have the opportunity to stop receiving mobile messages by following the instructions in the message.
Your mobile service provider may be required to monitor your messages for inappropriate content, and that provider may pass on that monitoring obligation to us. To fulfill these requirements, we may monitor your mobile messages for inappropriate content. Your carrier may have access to information we collect. We suggest that you review your carrier’s privacy statement.
Our products are intended to be used by adults. We may collect personal information about children because of the information you enter.
3. Uses of Personal Information
WE DO NOT SELL OR RENT YOUR PERSONAL INFORMATION TO ANYONE.
We do not share your personal information with anyone outside of us for their promotional or marketing use.
We use your personal information to manage your account, to contact you and to operate, improve, and deliver our products and services, including web sites. We use your personal information to provide you with information and services you request, if appropriate, to tell you about our products and services, and to give you a customized, interactive experience as you use our products. We use your personal information to charge you for the products and services you purchase. We use the contact information you provide to communicate with you.
We do not share personally identifiable financial information that you enter into our online services with subsidiaries.
We may aggregate non-personally identifiable information about your usage and combine it with that of others to learn about the use of our products, to enhance your productivity, including by showing you where your information benchmarks in the aggregated data, to help us improve our services and business, and to develop new products and services. We may use responses to surveys and polls to improve our products and services. This information is collected in such a way that it cannot be used to identify an individual.
Our server logs record system information when you view our website, apps, and use the Service.
If you contact us for support, we may request certain personal information including your name, address, phone numbers and e-mail address. We use this personal information to contact you to answer your question or resolve your issue. We may send you a follow-up survey. We do not use this information to tell you about additional products and services
4. Sharing and Disclosing Information
Sometimes we ask outside firms, or third parties, to help us provide services, such as designing a web site, sending e-mails, registering a prospective domain name, or analyzing data. Our contracts with these third parties outline the appropriate use
and handling of your information. We will require such third parties to take reasonable steps to protect and maintain the confidentiality of your information, provided, this obligation shall not apply to information that is in the public domain.
Some of the services we provide to you, including, but not limited to, invoicing your customers, connecting our service to your bank accounts, or integrating your payroll or other functions with our service may require us to disclose your information. Please be aware that if you do not want your information disclosed, you may not be able to use those parts of our service that require such disclosure.
We may disclose, access, or report personal information when we believe, in good faith, that we are required to do so by law or to protect our legal rights. We may also do this in connection with an investigation into a suspected violation involving a Terms of Service, fraud, intellectual property infringement, or other activity that may be illegal or expose us to legal liability. For example, we may be required to disclose personal information to cooperate with regulators or law enforcement authorities or to comply with a court order, subpoena, search warrant, or law enforcement request.
We may report and share information about your account to credit bureaus, consumer reporting agencies and card associations. Late payments, missed payments, or other defaults on your account may be reflected in your credit report and consumer report. We may also share information with other companies, lawyers, credit bureaus, agents, government agencies and card associations in connection with issues related to fraud, credit or debt collection.
We work with other companies or developers to provide you with products and services which we clearly identify. Either we or the other company may offer these products and services. We clearly identify these co-branded products and services. In some cases, we exchange customer usage information to establish and provide ongoing service. By requesting these products or services, you are permitting us to provide your personal and usage information to the other company to fulfill your request.
We also may share non-identifiable, non-personal aggregate information about our users with third parties, such as advertisers or partners, for marketing and promotional purposes. Our Web sites may provide links to third-party sites, such as those of our business partners and online advertisers. These could include other services, promotions or sweepstakes offered by business partners. Because we do not control the information policies or practices of these third parties, you should review their privacy policies to learn more about how they collect and use personal information.
If we sell, merge or transfer any part of our business, part of the sale may include your personal information. If so, you will be asked if you’d like to stop receiving promotional information following any change of control.
We may use sources outside of Crunched to supplement the information you give us. For example, we may validate your address using other sources. We use this data to help us maintain accuracy and provide you with better service.
5. Protecting Your Data
We protect the confidentiality and security of your personal information from loss, misuse, or unauthorized alteration by using industry-recognized security safeguards such as firewalls, coupled with carefully developed security procedures. We maintain
physical, electronic and procedural safeguards that comply with applicable law and federal standards. Whenever we ask for sensitive information, such as credit card numbers, we encrypt it as it is transmitted to us. Your account is password protected
and we recommend that you do not share your password with anyone. Remember to sign out of your web-based product and services and close your browser window when you have finished your work. This prevents others from accessing your account if you
share a computer or use a computer in a public place, such as a library or Internet cafe.
We train and require our employees to safeguard your information. We also use physical, electronic and procedural safeguards by restricting access to personal information to those employees and agents for business purposes only. Additionally, we use internal and external resources to review the adequacy of our security procedures.
We transmit, store, protect and access all cardholder information in compliance with the Payment Card Industry’s Data Security Standards.
Safeguarding your personal information is a top priority. Part of our commitment is making you aware of popular identity theft and fraud scams and providing you with information to protect yourself. Although sometimes difficult to identify, you may receive hoax e-mails, such as phishing scams, that look authentic and appear to have been sent by a company you recognize. These e-mails ask you to provide or confirm your sensitive personal information by clicking on links. To entice you, they often claim an urgent or threatening condition concerning your account, or offer you a prize or reward. You should not reply or click on any links in the e-mail or provide any personal information without verifying that the e-mail is legitimate through another channel. We do not solicit sensitive customer information via e-mail. If you receive an e-mail message that appears to come from us that requests such information, please forward it immediately to: email@example.com. We will respond quickly to help mitigate potential damage.
If we make material changes to any of our privacy policies or practices regarding personal information we will update our statement and post a notice on our site 30 days before the changes take effect.
7. Complaints and Further Contacts
If you have a dispute or complaint about privacy practices, please first contact us regarding the issue. We will do our best to resolve it!
Contact: 617-960-0778 or firstname.lastname@example.org
166 Main Street, 2nd Floor
Old Saybrook, CT 06475